Legal notices

SpecSure Warranty

10 YEAR LIMITED WARRANTY

Saint-Gobain Construction Products South Africa (Pty) Ltd, trading through its Gyproc division (Company Registration No. 1937/010220/07) (“Saint-Gobain Gyproc”), subject to the conditions and limitations set forth herein, guarantees that its Saint-Gobain Gyproc Proprietary System (the “System”) will perform to the parameters published in the specifications current at the date of purchase, for a period of 10 years following the date of purchase of the System (“Warranty Term”).

The warranty is subject to South African law and to the exclusive jurisdiction of the South African Courts.

PRODUCTS COVERED

This performance warranty covers the System available in our current literature or systems specified by Saint-Gobain Gyproc.

WHO IS COVERED BY THIS WARRANTY

The original purchaser of the System is covered by the warranty, for the Warranty Term, evidenced by the dated sales receipt and invoice (the “Purchaser”).

The warranty on the System may be transferred from the Purchaser in terms of a building contract entered into for the benefit of the owner of the building (the “Owner”). The Owner of the building is required to obtain from the Purchaser evidence of purchase of the System in order to claim from the warranty.

It is recommended that the proof of purchase together with a copy of this warranty and associated documentation are kept in a safe place.

TERMS AND CONDITIONS

The System must be installed, using approved installation procedures, in accordance with all the requirements set out in the current literature.

Should there be an unlikely system failure attributed to unsatisfactory performance of the System during the Warranty Term, Saint-Gobain Gyproc will replace the System.

In lieu of providing a replacement System, Saint-Gobain Gyproc reserves the right to, at its sole discretion, refund that amount paid for the System (excluding costs to install). Saint-Gobain Gyproc’s maximum liability under this warranty shall not exceed the invoice value of the System/s which are the subject of the claim.

Saint-Gobain Gyproc shall have no liability under this warranty for any claims for the costs of stripping-out or refitting of the system/s or any other consequential or indirect loss or damage howsoever arising.

In the event of a System replacement pursuant to the above terms, the original warranty shall apply to the replaced System and will extend for the balance of the original Warranty Term. No agreement to repair or replace any part of all of any System/s shall extend the period of coverage of any warranty provided.

This warranty does not form part of any contract of sale, and is not intended to affect, or otherwise replace, rights or obligations conferred by any contract of sale, or by common law. Where the Purchaser/Owner is a consumer in terms of the Consumer Protection Act, No 68 of 2008, the Purchaser/Owner has certain statutory rights regarding the return of defective System/s, claims in respect of losses caused by Saint-Gobain Gyproc’s negligence or faulty System/s, and this warranty shall not affect the Purchaser’s/Owner’s statutory rights.

LIMITATIONS

Saint-Gobain Gyproc shall not be liable for, and this warranty does not apply to, any failure, defect or damage resulting from or connected with misuse, abuse, neglect or improper handling or storage, improper installation or maintenance, or installation not in adherence to approved installation procedures; fire, earthquake, lightning, hurricane, tornado or other violent storm, or other acts of God; defects in, failure of or damage caused by materials used during the construction of the building, incorrect design by the Owner’s agents, or by movement, distortion, cracking or settling of walls or foundation of the building; exposure to harmful chemicals; or any other cause such as normal wear and tear, not involving inherent manufacturing defects in the System’s products supplied by Saint-Gobain Gyproc.

This warranty is only applicable to justified claims where the Systems have been correctly installed.

For the warranty to be applicable to any justified claim then the System must have been checked, installed and maintained as per the instructions set out in the current literature (available to download on www.gyproc.co.za). The products used in the System construction must be checked for acceptability in all respects prior to installation. Claims for defects that would be visually apparent prior to or at the point of installation will be rejected as it is the responsibility of the Purchaser/Owner and/or the installer of the System to check for any visual defects before installing the System.

OTHER CONDITIONS

This warranty is expressly in lieu of all other oral or written warranties, liabilities or obligations of Saint-Gobain Gyproc. In no event shall Saint-Gobain Gyproc be liable for consequential or incidental damages of any kind, including any damage to the building, its contents or any person therein, resulting from a failure of the System from performing to the parameters published in the specifications current at the date of purchase.

No representative or distributor of Saint-Gobain Gyproc, or third party, is authorized to make any change or modification to this warranty, or to make any representations or promises to the Purchaser/Owner with respect to this warranty except as stated herein.

Saint-Gobain Gyproc reserves the right to discontinue or modify any of its products forming part of the System, including the colour thereof, without notice and shall not be liable as a result of such discontinuance or modification, nor shall Saint-Gobain Gyproc be liable in the event replacement material varies in color in comparison to the original product. If Saint-Gobain Gyproc replaces a System under this warranty, it may substitute products designated by Saint-Gobain Gyproc to be of comparable quality or price range in the event the product initially installed has been discontinued or modified.

HOW TO CLAIM UNDER THIS WARRANTY

In the unlikely event of the System not performing to the parameters published in the specifications, the Purchaser/Owner should contact Saint-Gobain Gyproc on (gyproc.claims@saint-gobain.com] within thirty days (30) days from the date that the defect arose or became apparent.

Prior to contacting Saint-Gobain Gyproc the Purchaser/Owner must have attempted to contact their supplier and or installer to report the issue and request their initial inspection of the System. Following this, if it is believed that a manufacturing defect or System performance is the cause of the problem, the Purchaser/Owner must supply Saint-Gobain Gyproc full details of the date of purchase of the System, their supplier and installer of the System and documented proof of purchase.

It is likely that the supplier/installer/Saint-Gobain Gyproc will wish to inspect the defective System/s installed and the Purchaser/Owner will be asked to allow reasonable access to the defective System in order for such inspection to take place.

Saint-Gobain Gyproc shall then promptly inspect the System prior to the furnishing of any replacement System. Upon approval, and within a reasonable period of time, Saint-Gobain Gyproc will provide the replacement System (or in lieu of providing a replacement System shall refund the amount paid for the non performing System) in accordance with the terms set forth above.

Saint-Gobain Gyproc reserves the right to appoint its own expert to conduct the inspection and to have the System and products used independently assessed for quality and specification adherence.

In the event of it not being clear whether it is an application/installation or a product/System failure, the Purchaser/Owner will employ at a reasonable cost an independent competent person (as defined in the National Building regulations) to decide whether the matter is a material defect or application/installation defect on the System and/or products of the System, and both parties will accept the finding and the cost of the independent surveyor shall be borne by the party responsible.

GENERAL

This warranty document constitutes the sole record between the parties in relation to the subject matter hereof. Neither party shall be bound by any express, tactic nor implied term, representation, warranty, promise or the like not recorded herein. This guarantee document supersedes and replaces all prior commitments, undertakings or representations, whether oral or written, between the parties in respect of the subject matter hereof.

No addition to, variation, novation or agreed cancellation of any provision of this warranty document shall be binding upon the parties unless reduced to writing and signed by or on the behalf of the parties.

The purpose of this site "the Site", accessible at the address “www.gyproc.co.za” is to provide general information on the South African Gypsum Activity of Saint-Gobain, called Gyproc.

This activity of the Saint-Gobain Group is composed of a large number of companies and other entities that are connected to it, which it directly or indirectly effectively controls and whose main business is to manufacture and sell gypsum-based construction products.

Saint-Gobain Gyproc SA is the leading company for the Saint-Gobain Gypsum Activity in South Africa, hereinafter referred to as “Saint-Gobain Gyproc SA”.

Responsibility

Saint-Gobain Gyproc SA, owner of this Site, will on an ongoing basis use its best efforts to ensure the reliability of all the information provided on this Site at the time it is put online, as well as its availability.

Saint-Gobain Gyproc SA reserves the right to modify or rectify the content of the information and documents published on this Site at any time, without notice.

Saint-Gobain Gyproc SA may not be held responsible for errors or omissions in the information disseminated or technical problems encountered on the Site and on all the other sites to which it establishes links, or any interpretation of the information published on these sites, or the consequences of their use.

More generally, Saint-Gobain Gyproc SA accepts no responsibility for any damage, direct or indirect, whatever the cause, origin, nature or consequence, caused by the access of anyone to the Site or the impossibility of accessing it, or by the use of the Site and/or the credit given to any information coming directly or indirectly from this Site.

Intellectual property

Unless otherwise stated, Saint-Gobain Gyproc SA is the exclusive owners or the duly authorized users of the intellectual property rights in the documents on the Site and in each element created for this Site. Saint-Gobain Gyproc grants no license or right other than that of consulting the Site. The reproduction of all documents published on the Site (notably, the photographs, films, and animations) is solely authorized for information purposes only for personal and private use, any reproduction, imitation and any use of copies made for other purposes is prohibited.

Saint-Gobain Gyproc SA is the exclusive owners or the duly authorized users of the corporate names, logos, products, brands and domain names mentioned on this Site. Such corporate names, logos, products, brands and domain names must not be used without prior and written authorization from the company concerned.

All elements of www.gyproc.co.za, including, but not limited to, the content, general design, and imagery is protected by trade restrictions, copyright, moral rights, trademark and other laws relating to intellectual property rights.

Privacy

www.gyproc.co.za is committed to protecting the privacy of the users of this website and personal data shared by our users with us. You can access our website home page and browse much of our site without disclosing personal data.

If you do register personal information, it will only be held and used with care and in compliance with the Terms of Use provisions, mentioned below.

Security and protection of your information

We do not give visitors to our website the option of using a secure transmission method to send us their personal data.

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

All our employees and data processors, who have access to and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data.

Saint-Gobain Gyproc SA accepts no responsibility for the use of links to external websites, their contents, views or products. Users are advised to use linked sites with caution and with due regard to the Terms of Use on those sites.

Terms of use

The site situated at domain name www.gyproc.co.za (the “Website”) is owned and administered by Saint-Gobain Construction Products South Africa (Proprietary) Limited (“SGCPSA”). These Terms of Use constitute a binding agreement between SGCPSA and anyone using the Website (“you”). As referred to in these Terms of Use, the word “use” means any access to or use of the Website by any person or linking another internet website to the Website. Please read the Terms of Use carefully before continuing to use the Website in any manner whatsoever.

Consent to the terms and conditions

By using the Website you agree to be bound by the Terms of Use. If you do not agree to any of the Terms of Use you may not use the Website.

Saint-Gobain Gyproc SA reserves the right to amend these Terms of Use from time to time without prior notice to you. Amendments become effective immediately upon being posted on the Website. Your use of the Website after any amendments have been posted shall constitute your consent to be bound by the amended Terms of Use.

Access to the Website

The Website is accessed via the worldwide web which is independent of Saint-Gobain Gyproc SA. Your use of the worldwide web is at your own risk and subject to all applicable national and international laws and regulations.

Saint-Gobain Gyproc SA does not warrant that the information contained in the Website may be lawfully viewed or downloaded outside of the Republic of South Africa. If you access the Website from outside of the Republic of South Africa it is your responsibility to ensure that you comply with the relevant laws and regulations of your jurisdiction and you warrant that you are familiar with such laws.

Risk of use. Your use of the Website is entirely at your own risk.

Cookies

Saint-Gobain Gyproc SA as well as the company League Digital on behalf of Saint-Gobain Gyproc SA use cookies for statistical analysis purposes and to measure the audience and use of the Site.

The information transmitted by the cookies is not used in an individual manner or for commercial canvassing.

If you do not want us to use cookies, please configure your browser to this effect. The deactivation of the cookies could prevent the use of certain of the Site's functions.

Hyperlinks

The following links, created by third parties, without prior and written authorization from Saint-Gobain Gyproc SA, are prohibited:

To the home page,

To any of the Site's Internet pages,

To a document on the Site.

Any authorization requests should be sent to the Site's Publication Director.

Third Parties

We may from time to time provide links from the Site to other websites. Such links are provided for your convenience but Saint-Gobain Gyproc SA cannot be liable or responsible for the contents collection storage privacy policies or practices of those nor will we review or control those websites even if you access them using links from the Site and we, therefore, recommend that you check the policy of each website that you visit.

Data collected on the Site

Each visitor to this Site who provides information to Saint-Gobain Gyproc SA grants the latter the totality of the transferable rights related to this information and authorizes it to make whatever use it wishes of it. The information thus provided by the visitors will be considered non-confidential, must be exact and lawful and must not prejudice the interests of third parties.

More specifically concerning the personal data collected on the Site, visitors are informed that the Site uses several processing operations whose purpose is to ensure the communication and exchange of information with visitors.

These processing operations notably make it possible to:

Answer written requests from visitors in the various sections designed for this purpose,

Transmit the documents requested by visitors to them,

The data collected:

Must only result from their voluntary recording by the relevant visitor,

Are for internal use only and are directed to those responsible for handling the visitor's request,

Are kept only as long as necessary to carry out the purposes defined above.

Saint-Gobain Gyproc SA – Marketing Department

e-mail: gyproc.marketing@saint-gobain.com

Credits

Conception, Design & Developments

League Digital - designs and produces websites and web-based applications for private and public organisations.

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